Archive for the 'High Capacity Magazines' Category



High-Powered Magazine

BY Herschel Smith
3 years, 8 months ago

News from New York.

Two passengers were arrested Monday in Newark Airport after Transportation Security Administration officers caught an assault rifle with a high-powered magazine and an arsenal of ammunition — all illegal in the state — “artfully concealed” behind the lining of a suitcase.

I want a high-powered magazine.  How has life taken me this far in the gun world without knowing about high-powered magazines?

Prior:

Colorado Ban On Standard Capacity Magazines Held Constitutional By Court

BY Herschel Smith
3 years, 8 months ago

News from Colorado.

DENVER — Colorado’s ban on large-capacity gun magazines is constitutional.

The Colorado Supreme Court issued its ruling Monday morning, ending the seven-year challenge by Loveland-based Rocky Mountain Gun Owners.

In 2013, one year after the Aurora Theater Shooting, Colorado’s democratic-controlled legislature passed a number of gun reform bills, including House Bill 13-1224, which banned the sale and transfer of magazines that hold more than 15 rounds of ammunition. Then-Gov. John Hickenlooper signed the bill into law, which took effect July 1, 2013.

Rocky Mountain Gun Owners sued in state court, saying it violated the right to bear arms under Colorado’s Constitution. Because of that, Monday’s ruling is final and cannot be appealed to the United States Supreme Court.

Oral arguments in front of the Colorado Supreme Court took place on Nov. 13.

“We hold that HB 1224 is a reasonable exercise of the police power that has neither the purpose nor effect of nullifying the right to bear arms in self-defense encompassed by article II, section 13 of the Colorado Constitution,” the 7-0 ruling concluded.

7-0, without batting an eyelid, without so much as a dissent.  At this point what difference does it really make?  We cannot turn to the black robed tyrants to defend God-given rights, as they don’t believe in God.

If any gun owner throws away his standard capacity magazines because of this, he is a fool.

Joe Biden: “20, 30, 40, 50 Clips In A Weapon”

BY Herschel Smith
4 years, 1 month ago

Joe Biden.

Biden made the remarks on the campaign trail in New Hampshire while talking about why kids learn active shooter drills in school, saying, “because we’re unwilling to have a rational policy that says you cannot have 20, 30, 40, 50 clips in a weapon.”

What an extraordinary gift he is, the gift that just keeps on giving like the Everyready Energizer Bunny.  The random thinker gaffe-o-matic.  Pull a string, get a gaffe.  Push a button, get a blooper.

To be fair, I wouldn’t want to try to force 20, 30, 40, 50 clips in a single weapon.  If I tried something like that I’d probably tear it up pretty badly and have to take it down to the gunsmith to undo what I did.  And it would be embarrassing.

Prior:

30 Colorado Sheriffs Join Opposition To Gun Magazine Ban

BY Herschel Smith
4 years, 9 months ago

News from Colorado.

About half of the state’s county sheriffs this week joined the battle against Colorado’s ban on gun magazines that hold more than 15 rounds, arguing that the law hinders peoples’ ability to defend themselves.

Although law enforcement are exempt from the ban, the sheriffs argued in their brief to the Colorado Supreme Court that civilians should have the same access to magazines as typical officers and deputies. If law enforcement agencies believe a magazine that holds 20 or 30 rounds is best for defense, then those magazines are the best option for regular people who want to defend themselves, the sheriffs argued.

Citizens do and should copy sheriffs’ firearm and magazine selections so they will have reliable, sturdy arms for defense of self and others,” the brief stated. “These arms will be powerful enough for defense against violent criminals, and these arms will be appropriate for use in civil society, because sheriffs’ arms are not mass-killing military arms. Instead, sheriffs’ arms are best for defense of self and others, including against multiple attackers.”

Thirty county sheriffs, the Colorado Law Enforcement Firearms Instructors Association and the Independence Institute filed the brief on Monday in support of a group of gun rights advocates challenging the law’s constitutionality.

[ … ]

Sheriffs from three Denver-area counties — Denver, Boulder and Arapahoe — were absent from the list.

The sheriffs and others in the brief argued that magazines that hold 20 or 30 rounds should be categorized as standard magazines because they are commonly included in the sale of firearms by default. Sheriff’s deputies often carry magazines of those sizes with them on patrol.

The brief offered an alternative to the ban. The state could instead require that a person have a state concealed handgun permit in order to own a magazine that holds more than 15 rounds, the sheriffs argued.

Okay, I see how this works.  An outright ban is unconstitutional, but seeking approval for the object from the controllers isn’t because we say so.  The brief looked good up until that point.

Actually, I have one other nit.  I would argue that rather than “citizens copy[ing] Sheriffs’ firearm and magazine selections,” Sheriffs and the military alike copy our firearm selections.  The best, most difficult, most grueling test for any firearm is on the open market among the working man.

The military buys from the low bidder.  The working man tells others about what doesn’t work and that becomes common knowledge.

I lied.  I have one other nit.  I would argue that Sheriffs are citizens too.

“Disappointment And Anger” Among Gun Shop Owners In Vermont?

BY Herschel Smith
5 years, 11 months ago

Burlington Free Press:

Vermont gun shop owners reacted with anger and disappointment Thursday to the new gun laws signed by Gov. Phil Scott on Wednesday …

Adam Nilson co-founded Atlas Gunworks in North Ferrisburgh in 2016, together with his partner, Tod West, making competition handguns that start at about $4,000. Nilson said his business has doubled its revenue each year, and that he expects to do $2 million in business this year. He has 8 employees.

But they might soon not be working here.

“We’re going to leave,” Nilson said. “It was hard enough to do business here when Vermont was gun-friendly. Seeing how fast they did what they did, the writing’s on the wall. We don’t feel welcome here.”

Gov. Phil Scott signed the new gun laws Wednesday in an outdoor public ceremony in front of the Statehouse, facing a hostile crowd of gun-rights activists, together with supporters of the legislation.

Nilson, who grew up in Colchester, said he’s considering moving to Tennessee, West Virginia or North or South Carolina, “somewhere where they’re gun friendly.”

[ … ]

Henry Parro, who supported Scott with a $200 donation to his campaign from his business, said he was going to “reserve comment” on the new gun laws until he gets an interpretation of the laws from his attorney.

Like Datillio, Parro said he has “thousands” of high capacity magazines that would become illegal after Oct. 1.

[ … ]

One of the provisions in the new laws requires universal background checks for private sales. People who want to transfer a gun privately must visit a federal firearms licensee for the background check. There are exceptions for immediate family members and law enforcement.

Pidgeon said he will not be offering background checks for private sales.

“Anger and disappointment?”  What?  Where were you guys earlier before this abomination was signed?  He told you he was going to do it.  How can you now be disappointed that he did what he said he would do?

At any rate, as I said before, move South like all other gun manufacturing.  The North will have nothing left.  That’s perfectly fine with me.  Rock River Arms, Mossberg, Remington, Kimber, Springfield Armory?  Why are you still there?

The great thing about the ban is that if law abiding and peaceable citizens can no longer get standard capacity magazines, neither can the criminals, and so everyone will be on a level playing field when it comes to home invasions.  And since there is now universal background checks, the criminals probably won’t even be able to get guns.

That’s true, right?  The criminals can’t get them, neither guns nor standard capacity magazines.  Right?  And a level playing field between peaceable men and criminals is a good thing, right?  Each has an equal chance of winning, statistically speaking?  Everybody will play fairly, right?

The History Of Magazines Holding 11 Or More Rounds

BY Herschel Smith
9 years, 9 months ago

David Kopel has a nicely argued brief filed with the Ninth Circuit on the history of magazines holding 11 or more rounds.  The context is the case of Fyock v. Sunnyvale, where the district court upheld the California ban on standard capacity magazines because “magazines did not exist at the time the Second Amendment was ratified.”

Some of the history I knew, and some of it I didn’t.  In Either case, the brief is very interesting, filled with both facts and analysis, and much better than Eugene Volokh’s ill-advised (and unripe) commentary on magazines.

Kopel colors outside the lines when he says this:

If the firing of several shots has wounded one attacker, and has resulted in the other attacker putting up his hands, the defender needs to control the situation until the police arrive. That is why reserve capacity is so important for law enforcement and for citizens. Reloading is very difficult when the second hand is holding a cell phone. Even a two-handed reload will likely make the gun temporarily inoperable and cause the gun to move off target for at least a few seconds, giving the criminal(s) a new window of opportunity. Citizens do not carry police radios, and police response to a cell phone call about citizen in trouble is often slower than the response to a radio call about an officer in trouble. The reasons why magazines for greater than 10 rounds are the overwhelming choice for law enforcement officers for lawful defense of self and others apply a fortiori to citizens, who rightly  look to law enforcement officers as good models for gun safety practices.

The point is fundamentally sound, but I have never in the past, do not currently, and will never in the future look to law enforcement for gun safety practices.

Supreme Court Won’t Block Ban On High Capacity Magazines

BY Herschel Smith
10 years ago

SFGate:

The U.S. Supreme Court refused Wednesday to halt Sunnyvale’s enforcement of a voter-approved ban on high-capacity gun magazines. The order signaled that San Francisco will also be allowed to enforce a virtually identical ordinance during court challenges.

Sunnyvale’s measure, approved by 66 percent of its voters in November, prohibits possession of magazines carrying more than 10 cartridges.

A group of gun owners sued to overturn the Sunnyvale ordinance and asked a federal judge to block its enforcement, arguing that tens of millions of Americans legally own guns with high-capacity magazines and may sometimes need them to repel criminal attacks.

But U.S. District Judge Ronald Whyte of San Jose rejected the request March 5, the day before the ordinance took effect, saying the ban would have little impact on the constitutional right to bear arms in self-defense.

A federal appeals court refused to intervene, and on Wednesday, Supreme Court Justice Anthony Kennedy, who handles emergency appeals from California and eight other Western states, denied a stay without comment.

More often than not, when the SCOTUS refuses to hear a case, they know full well how it will turn out and conclude that the outcome wouldn’t be any different than the way it is before review.

Occasionally I like the decisions made at the appeals court level.  But more often than not I don’t.  But one thing I do not do is rely on the federal court system to protect my rights.

I am a second amendment and gun rights writer, but I only loosely call myself that.  Readers know that I don’t believe that I have a right to own firearms because the constitution says so.  I also don’t believe in so-called “natural law” or “natural rights.”

Ever since my seminary training in apologetics and philosophy, having seen John Locke thoroughly dissembled with logic, I don’t reference his views for anything.  No respectable philosopher today does.  Even among the legal community, John Whitehead is an exception.  In order for something to be “natural,” it has to be binding upon all men and capable of epistemic certainty.  To me, the concept of a natural right to own guns is no better than the notion of the new head of a pride killing the young lions so that the lionesses will come into estrus again – or the lioness trying to defend her young one.  What’s natural to one won’t be natural to another.

So why do I have a right to own guns, or high capacity magazines?  Because God says so.  That settles it for me, whether the constitution recognizes it or not, whether a judge certifies it or not.  You may not have my world view, and I’m okay with that.  But every man must come to his own conclusions and ascertain the ultimate foundation for what he does and what he believes.

You live on the Serengeti desert in a Machiavellian world of eat or be eaten, with no concept of right and wrong, or you know whereof you act, and you know why what you do and what you believe is morally righteous.  And If you were relying on a federal judge to warranty your rights, you’ve been disavowed of that mistaken belief as we speak.  Is that clear enough?

Eugene Volokh On The Second Amendment And Magazine Capacity

BY Herschel Smith
10 years ago

Eugene Volokh:

A gun with a larger than usual capacity magazine is in theory somewhat more lethal than a gun with a 10-round magazine (a common size for most semiautomatic handguns), but in practice nearly all shootings, including criminal ones, use many fewer rounds than that. And mass shootings, in which more rounds are fired, usually progress over the span of several minutes or more. Given that removing a magazine and inserting a new one takes only a few seconds, a mass murderer — especially one armed with a backup gun — would hardly be stymied by the magazine size limit. It’s thus hard to see large magazines as materially more dangerous than magazines of normal size.

[ … ]

Still, these same reasons probably mean that the magazine size cap would not materially interfere with self-defense, if the cap is set at 10 rather than materially lower. First, recall that until recently even police officers would routinely carry revolvers, which tended to hold only six rounds. Those revolvers were generally seen as adequate for officers’ defensive needs, though of course there were times when more rounds are needed.

[ … ]

… even if bans on magazines with more than 10 rounds are unwise, not all unwise restrictions are unconstitutional. That’s true for speech restrictions. It’s true for abortion restrictions. And I think it’s true for gun restrictions as well.

This is an oddball commentary by Eugene.  I don’t think the issue is whether, as the judges tried to adjudicate, a magazine capacity restriction burdens the second amendment, but whether those who are protected are burdened by the restriction.  It’s not a trivial distinction.

I’m not really sure why he drew on the issue of abortion rights to create the analogue.  It isn’t a very good one.  The wording of the second amendment is clear, including the phrase “shall not be infringed.”  The Supreme Court created a right to abortion ex nihilo.

Even if you believe that such a right exists, the analogous wording isn’t there in the constitution to protect it.  Thus, restrictions on abortion have no equivalency to restrictions on firearms.

Furthermore, there is a case to be made that restrictions on abortion and lack of restrictions on firearms have the same goal, i.e., the preservation of life.  Eugene provides the defeater argument for his own case, and states a contradictory conclusion anyway.  But firearms are used for more than just personal defense.  They are also necessary for the amelioration of tyranny.  Both of these are life preserving things, just as restrictions on abortion are life preserving restrictions.

Why Eugene didn’t choose to work on this angle and why he chose the opposite, is anyone’s guess.  All in all, this isn’t one of Eugene’s better pieces of work.  I think he missed the mark, and widely so.

For magazine capacity and what it may do for you, see also my analysis of Mr. Stephen Bayezes.

Perhaps A “High Capacity Magazine” Would Be Good To Have In A Case Like This

BY Herschel Smith
10 years, 2 months ago

Orangeburg, S.C.

South Carolina authorities are searching for seven men involved in a bizarre home invasion and kidnapping.

Police were called to an Orangeburg home at approximately 3:55p.m. on Tuesday in reference to an burglary and kidnapping.

Authorities say their investigation indicates seven unknown males with guns forced their way into the residence, forcing three adults and six juveniles to the floor. One of the gunmen struck a 52-year-old woman in the head with a gun while she was protecting her grandson. A 4-month-old was taken from the residence.

According to police, this was a targeted crime.

Renee Gilliard wasn’t home at the time but said she was horrified to learn the only thing the intruders found was her baby girl. The baby was gone for about two hours before she was found in Berkeley County by a passerby who saw the criminals discard the child on the side of the road.

Yea.  A seven-man home invasion.  If you’re toting a 1911 from room to room, you’d better be damned accurate with that thing.  I have carried a rifle from room to room before around the house, but it’s truly obnoxious.  I would carry a 1911 around the house, but in a seven-man home invasion I think I’d be better off with one of my polymer-frame double-stack pistols.

Piers Morgan And Bob Costas On Guns Again

BY Herschel Smith
10 years, 7 months ago

As if we could take any more, Piers Morgan and Bob Costas talk guns.

As part of an hour-long conversation conducted in front of a live audience, the man who’s hosted a record nine Olympic games shares his stance on gun control and firearm legislation, offering a response to those that suggest assault weapons with high-capacity magazines are necessary as a means of self-defense:

“They always present this theoretical – ‘well, what if there’s not one or two invaders to my home, what if there’s 10 or 12 and after I’ve killed the first eight or nine, I need to reload?’,” quotes Costas. “Yes, let me know when that happens. And between now and when that happens, sadly, there’s going to be another Aurora, there’s going to be another Newtown.”

We all know that Piers Morgan is a liar, so there’s no need to rehearse that.  But Bob wants us to let him know when someone actually needs a high capacity magazine to defend his life.  Well, here you go Bob.  It happened before you ever did this stupid interview.  It has to do with Mr. Stephen Bayezes.

We may suppose that Costas wants it to happen this way instead (via David Codrea).

I never really had any respect for Costas as a sportscaster anyway.  I think he is an amateur.


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